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New York Family Law Questions & Answers
0 Answers | Asked in Contracts, Family Law, Real Estate Law and Civil Litigation for New York on
Q: What are my chances of recovering from damage caused by a fraudulent home sale in New York?

The original property disclosure report checked "No" for structural damage. However, the real estate agent said she believed the tenants didn't put the foundation blocks back, and I could jack up the sinking side. I decided to risk it, based on that information, without inspection. I... View More

1 Answer | Asked in Family Law and Child Custody for New York on
Q: I need to remove my husband's parental rights, he disappeared from our lives 10 months ago, but I'm currently in Europe.

My husband decided to go AWOL 10 months ago, our kids are still minors and we had signed (via notaries in NY) a mutual separation agreement where he gave me full legal custody, prior to us leaving the US. I just need to legalize that with a court decree and remove his parental rights, since I... View More

Said Ibrahim
Said Ibrahim
answered on Jul 23, 2024

Were you married in New York? Based upon your answer there are several jurisdictional and service issues that will likely require you to hire a lawyer to help consult with on the best state, county, and court to file in, and how to properly serve your husband either personally, or with alternative... View More

1 Answer | Asked in Criminal Law, Domestic Violence, Family Law and Real Estate Law for New York on
Q: What rights do I have to remove an unwed domestically violent co-owner from the deed, when he has the mortgage?

I can prove that without my money, he wouldn't have gotten the mortgage.

Peter Christopher Lomtevas
Peter Christopher Lomtevas pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 21, 2024

The rights the asker has to remove an unwed domestically violent co-owner from her deed is a partition action in Supreme Court. That requires a lawyer's assistance to file all the correct paperwork with the court and proceed through trial if necessary. The domestic violence is irrelevant. The... View More

1 Answer | Asked in Family Law, Child Custody and Child Support for New York on
Q: Are parents required to pay out of pocket for their child's college tuition? This was not in the custody agreement

At the time of the agreement, I was the custodial parent. There has been no changes to the agreement. My daughter has moved to FL with her mother and she is threatening legal if I don't pay her (the mother) cash for college she has claimed to pay for. This was not in the agreement . My... View More

Peter Christopher Lomtevas
Peter Christopher Lomtevas pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 21, 2024

This is not the simplest question to answer because it involves an "agreement" and an out of state issue regarding educational expenses. Rephrasing the question, does the asker have to pay education costs for his child if there is a New York agreement while the child is in Florida. The... View More

0 Answers | Asked in Child Custody and Family Law for New York on
Q: Can I leave my grandparents house who have custody of me to go with my dad who also has custody

I live with my grandparents and my dad also has joint custody. I don't want to live with my grandparents because they treat me badly. My dad talked to his lawyer and he said if they don't let me leave I can just pack my stuff and go with my dad and my grandparents can do anything. My dad... View More

0 Answers | Asked in Family Law and Health Care Law for New York on
Q: Who signs the undersigned on Article 17 A
0 Answers | Asked in Family Law and Child Custody for New York on
Q: My 16 year old son wants to move to my house and does not want to go back with mom, what are my options

We have 50/50 custody with residence with mom mother refuses to bring kids which is in violation of court order, now my 16 year old does not wanna go back to Virginia because he says he feels more at home with me, my stepson and my fiancé, my 18 year old says he does want to go back to his mother... View More

0 Answers | Asked in Family Law, Animal / Dog Law, Child Custody and Child Support for New York on
Q: My parents are divorced, I want to move into my moms house full time when I turn 18, to take my “dads” cat to my moms?

The cat was not given to me as a gift but she is like my baby. I know that my dad will not willingly let me take her as he will use it as a reason for me to stay. I am not 18 yet, so I cannot legally own an animal. But when I turn 18 is there a way I can take her with me to my mom’s house?

0 Answers | Asked in Family Law and Probate for New York on
Q: How can I find out if an executor for my grandmother's nursing home lawsuit settled? My mother is a beneficiary.

Grandmother died from Covid on 4/10/20. She has 7 kids, with my mom being the eldest. My aunt filed a lawsuit against the nursing home and appointed herself as executor, with the sibling's consent. Since then, she has not spoken to my mom in 4 years and has not given her an update on the... View More

1 Answer | Asked in Estate Planning, Family Law, Foreclosure and Real Estate Law for New York on
Q: Is there a way to take over my mother's mortgage after she passes so the bank doesn't take it?

Cayuga county NY is the location, I'm an only child so I'm sole heir. I think my mom might have 2 mortgages on the house but I want to find a way to get the house when my mother eventually passes instead of the bank immediately repossessing it.

Jack Mevorach
Jack Mevorach
answered on Jul 10, 2024

Your mother's estate will be responsible for the mortgage or, if title passes to you, you may be able to work something out with the bank.

Jack

2 Answers | Asked in Criminal Law, Family Law, Immigration Law and Domestic Violence for New York on
Q: How can I not commit possession if I find drugs in my abusive husband's belongings from before the order of protection?

I have an order of protection against my abusive husband.

I am not a citizen and I might apply for naturalization soon.

I am worried about the Good Moral Character requirement.

I suspect that I might find drugs and I want to make sure not to be committing possession in... View More

Aubrey Claudius Galloway
Aubrey Claudius Galloway pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 12, 2024

You’re not committing possession if you bring the drugs to the local police department and tell them where you found them. Either that or you dispose of them properly (I don’t know what type of drugs they are, but use your head).

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0 Answers | Asked in Divorce and Family Law for New York on
Q: im 16 in ny and my parents have 50 50 costany and I don't want to go to my moms any more, can I just stay at my dads

my parents have been divorced for 6 years and my mom's house does not feel like my home. also, my mom has full control over my savings account and I'm worried she will take all he money out

0 Answers | Asked in Family Law, Child Custody and Child Support for New York on
Q: Can I stop my ex from moving, or have child support dropped if she does?

My ex plans on moving states away with our son when he turns 18. We have 50/50 custody, but she has placement. Do I have any say in this? And if not, could child support be dropped?

1 Answer | Asked in Family Law, Immigration Law and Tax Law for New York on
Q: My father want to become netrilize citizen of U.S and he didnt pay tax of 2 years will it effect on his case.

Hi i am abroad of U.S my father is in new york city he wants me to go there now he wants to file 130 petition and also he is a green card holder and also wants to applay for citizenship ( want to neutralize) but he didnt give tax for 2 or 3 year( because of some reasons) will this effect on his... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 2, 2024

To address this situation, there are a few key points to consider:

1. Tax obligations:

Not filing taxes for 2-3 years could potentially affect your father's naturalization application. When applying for citizenship, USCIS (U.S. Citizenship and Immigration Services) looks at...
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0 Answers | Asked in Divorce, Family Law, Child Custody and Domestic Violence for New York on
Q: Ex-husband trying to blackmail every now and then with unclear intentions

After I immigrated to USA with my 2 year old child (3 years+ marriage), my husband started physically abuse me and my son (for his typical toddler tantrums or messing the house). He abused me several times before in my home country in my parents house and he is not mentally stable. He did the same... View More

2 Answers | Asked in Juvenile Law and Family Law for New York on
Q: I have an issue with a forensic evaluator, they screamed at me and refused to work with me, and showed bias on camera

They stole evidence from me and informed about a situation that was untrue, while laughing at serious issues pertaining to my son. This was all under recording. He lied to the courts to try and save himself after his numerous calls to me after screaming at me trying to “rectify” the situation.... View More

Tim Akpinar
Tim Akpinar
answered on Jun 30, 2024

I'm sorry for your ordeal. This might be something that a family law attorney should advise on, but you await a response for a week. Since you describe a setting involving custody, "Family Law" could be a more relevant category than "Medical Malpractice," the category you... View More

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2 Answers | Asked in Family Law, Adoption, Child Custody and Juvenile Law for New York on
Q: Do I need to go to court to take my 17 year old sister with me to Florida from NY?

I’m moving to Florida with my husband and kids from NY. My 17 year old sister wants to move wit us. My mom agreed but I’m not sure what I would have to do in order to take her. I’m not sure if i need to get court papers since she will be 18 in a year. She’s home schooled.

Howard E. Knispel
PREMIUM
Howard E. Knispel
answered on Jun 19, 2024

If she needs to register for school before 18, you need to be her legal guardian.

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2 Answers | Asked in Family Law and Child Custody for New York on
Q: Teen is refusing visitation? Even if I show up to drop off and teen does not comply, can I be held in contempt?

Teen with special needs is refusing court ordered visitation in the summer. Has not been getting along with the non custodial parent and is in therapy. Noncustodial parent seems to be triggering reactions from the teen and teen is having a hard time regulating emotions around non custodial parent... View More

Lawrence Allen Weinreich
Lawrence Allen Weinreich
answered on Jun 15, 2024

As long as it is the teen who refuses to visit and you are not telling him not to go there is no contempt. The therapists opinion is also helpful.

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1 Answer | Asked in Divorce, Family Law and Domestic Violence for New York on
Q: Can I still add a name change after final hearing is over?

I just had my last court hearing in DV Supreme Court for divorce, child custody and relocation. I was representing myself for my divorce. I completely forgot to ask for my name to legally be changed back to my maiden name. No final judgement has been made and it may take another 2 months. Could I... View More

David P. Badanes
PREMIUM
David P. Badanes
answered on Jun 15, 2024

You should be able to contact the Judge/Court and ask for the proposed Judgment of Divorce to be changes to include your name change.

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